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Dedi Harianto
Fakultas Hukum Universitas Sumatera Utara, Medan
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TINDAKAN PENARIKAN UNIT KENDARAAN YANG DILAKUKAN DEBT COLLECTOR TERHADAP DEBITUR DITINJAU DARI ASPEK HUKUM PIDANA Jusnizar Sinaga; Muhammad Hamdan; Madiasa Ablisar; Dedi Harianto
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT In practice the implementation of the debt collector always conduct the act of forcibly and accompanied by violence and inclined to crimes in make withdrawals craft . The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of  2009  about Funding Institution , the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No.130/ PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation no 130 / PMK. 010 / 2012 . Factors for the occurrence of violence carried out by debt collector consists of institutions too pursue the target of , lack of awareness of debtors , lack of knowledge of the laws the third party or debt collector and debtors , then influenced by a characteristic debt collector. On a settlement case the act of violence carried out by debt collector by virtue of position cases decisions of the supreme court number .242 / pid.b / 2013 / pn.jmb where debt collector proven to commit crimes dispossession by violence in when make withdrawals vehicles with a profitable purpose self or another person and to eliminate receivable debtors with against the right . Keywords: Debt collector, Crimes Dispossession by Violence, Consumen Financing
UPAYA HUKUM ACTIO PAULIANA DALAM MELINDUNGI KREDITOR ATAS ASET DEBITOR DALAM KEPAILITAN PERSEROAN TERBATAS Ruben Tambunan; Sunarmi Sunarmi; Dedi Harianto; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The legal action of Actio pauliana in the bankruptcy of a limited liability company is the cancellation of a legal act of transferring the company’s assets to a third party by the debtor (in bankcruptcy) where such action is not obliged to do (the existence of bad faith), this harming the creditor as refrred to in Articles 41 to 47 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligation of Debt Payment. The legal action of Actio pauliana is to provide legal protection and legal certainty to the creditors for the repayment of the debts of the debtor. The application for the cancellation of this legal act shall be submitted to the Commercial Court by a designated and appointed curator by a court assigned to conduct the management and/or ordering of property from a bankrupt party. The important thing to be noticed before such petition is submitted to the Comercial Court is to ensure that the ownership of the asset is actually on behalf of the company so that the petition for the cancellation of such legal act is not in vain.   Keywords: Bankrupttcy, Actio pauliana, Limited liability company.
PELINDUNGAN HUKUM ATAS KARYA ILMIAH DARI TINDAKAN PLAGIAT MENURUT PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU Huller Gabe Dimpos Sinaga; Runtung Sitepu; Keizerina Devi Azwar; Dedi Harianto
USU LAW JOURNAL Vol 5, No 3 (2017)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Criteria declared that plagiarism is plagiarism made against creative works protected by copyright laws, it can be proven the existence of an element of the copy or imitate creation, it can be proven that the act of copying or imitating creation. Plagiarism in college are liable to imprisonment and/ or fined. In addition to criminal sanctions, perpetrators of plagiarism committed by students will be subject to cancellation diplomas to students who committed plagiarism. The law provides legal protection which the copyright holder/ creator can apply for compensation for the occurrence of plagiarism and asked for the seizure of the objects that were announced or propagated creation. Law on National Education System provides legal protection form by giving administrative sanction of revocation of a degree, criminal penalties of imprisonment and fines for perpetrators of plagiarism. Law on Teachers and Lecturers, and the National  Education Minister Regulation No. 17 Year 2010 on the Prevention and Combating Plagiarism in Higher Education provides legal protection scientific work universities. Forms of legal protection against the scientific work is to impose administrative sanctions in the form of cancellation and revocation degree diplomas to students, lecturers, researchers who committed plagiarism. Keywords: scientific papers copyright, plagiarism, legal protection
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS JASA PELAYANAN KONSUMEN PADA PDAM TIRTANADI CABANG SUNGGAL - MEDAN Andini Pratiwi Siregar; Tan Kamelo; Dedi Harianto; Suhaidi Suhaidi
USU LAW JOURNAL Vol 5, No 4 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT   One of the common services that are profitable is Drinking of Water Company (PDAM/PAM) despite the profit,the company taps country like it is advantageous people.The goalwas focused more on the bussiness prosperty of the people,this has been done considering the importance  of drinking water for human life.It is enshrined in the provisions of Article 33 paragraph (3) of the 1945 Constitution which reads,earth and water and natural resources contained in it are comtrolled by the state and used for the people’s welfare. The result  of research and discussion describes setting up the legal relationship between consumers and service user of drinking water by the Regional Water Company Tirtanadi Sunggal Medan Branch outlined in the agreement in the form standard agreements or standards.The agreement contains the identify of the parties,the rights and obligations of both parties,Prohibition and sanctions given to constumers,termination and dispute resolution.PDAM legal accountability Tirtanadi Sunggal Medan Branch related to violation of consumer rights of service user of drinking water is responsibility of the rise in civil case of default or tort where taps can be subjek to payment of compensation.In addition to the civil responsibility taps are also subjeck criminal liability if the breach consumers rights was indetified as a criminal act.Form of consumer legal protection of drinking  water service user in case of violation of consumer right so consumers can be use the provision stipulated in Law No .8 of 1999 on the protection of the lawsuit .While law suit to bussiness that taps cam be charged through a civil ,criminal and administrative state.   Key word: Accountabiility Law,Consumer ,Service
DERIVASI PRINSIP KEHATI-HATIAN DALAM PEMBERIAN KREDIT DALAM PEMBERIAN KREDIT YANG DIJAMIN DENGAN GADAI (STUDI PADA PT PEGADAIAN (Persero) KANWIL I MEDAN) Sri Hartati Br. Nadapdap; Tan Kamello; Hasim Purba; Dedi Harianto
USU LAW JOURNAL Vol 6, No 4 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT Prudential principle needs to be applied at PT Pegadaian (Persero) Kanwil I Medan with the aim of preventing a bad credit as well as maintain public confidence towards the existence of this institution as an institution who give credit that is securedby a pledge. The outline of problems which is found in this thesis are how the application of prudential principe in granting of credit secured by the pledge of, how the effectiveness at the application of prudential principle in reducing bad credit which is secured by pledge and the obstacles which is found at the application of prudential principle at PT Pegadaian (Persero) Kanwil I Medan. Method of this researchhas usedthe juridical normative research methods which are analytical and descriptive. This method used a legislation approached with the technique of data collection was library research, supported by doing interviews to some informants in order to obtain more complete and valid informations. The results of this research showed that in applying prudential principle, PT Pegadaian (Persero) Kanwil I Medan is using several legal regulations such as the financial services authority regulation number 01 of the year 2015 about risk management for non banking finance institutions and a few of regulations issued by the board of directors of PT Pegadaian (Persero). This institutions is also forming an internal unit as a way to apply prudential principle effectively. It also found that prudential principle is absolutely mandatory and enforced to be applied before give loans which is secured by a pledge to people.   Keywords : Prudential Principle, Credit, Pawn
ANALISIS YURIDIS GUGATAN ACTIO PAULIANA SEBAGAI BENTUK PERLINDUNGAN TERHADAP KREDITUR DALAM UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (Study Kasus Putusan Nomor 018PK/Pdt.Sus/2007) Aida Nur Hasanah; Sunarmi Sunarmi; Mahmul Siregar; Dedi Harianto
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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ABSTRACT Actio Pauliana granted as a protection to creditors for debtors that inflict a financial loss. Actio Pauliana is regulated on article 41 to article 50 of insolvency constitutional and PKPU. The real practice of Actio Pauliana took case on the submission of the head of Association House of Legacy Semarang as the curator. Based on verdict no. 02/PAILIT/2006/PN.Niaga.Smg jo 017K/N/2007 jo 018PK/Pdt.Sus/2007, The Panel of Judges repudiate the judicial review of BHP. The Panel of Judges Propositions was neither the evidence could prove the debtor’s bankruptcy nor the thrid party ascertains that the sales and purchases agreement will cause a financial loss for the creditors. However, the transactions between debtors and the thrid party effects on the diminished of the bankrupt assets, that leads to a financial loss for the creditor. This research is conducted to find out that Actio Pauliana could give law protection from curator to creditor, the circumscription of well-doing an unwell-doing debtors on their bankrutcy assets transfer, and the application of Actio Pauliana law by the Panel Judges according to verdict number 018PK/Pdt.Sus/2007. The result showed that Actio Pauliana legal action number: 018 PK/Pdt.Sus/2007 hasn’t granted protection to creditors. The repudiate verdict from panel judges cause an improbability of annulment of insolvency debtors and thrid parties law action, thus the insolvency assets stand still on the thrid party side and reduce the book price of the assets. This Panel Judge’s repudiate verdict as a final judgment  was taken because of lack of evidence from the curator. Meanwhile based on the fact of the case, insolvency assets sales and purchases agreement should be held within 1  year before the insolvency proceedings being announced, and this action is not compulsory for the debtors. Insolvency assets sales and purchases agreement agreed upon debtors and third parties are for lawer than the market price, affecting the diminished of insolvency assets that continuously cause a financial loss for another insolvency creditors. The absence of good will specification on the insolvency constitution. Insolvency constitutional and PKPU, is determined to be the cause of different perspective for the judges to finalize the judgement of Actio Pauliana submission.   Keywords : Insolvency, Actio Pauliana, Creditors
TANGGUNG JAWAB PELAKU USAHA ATAS PERBUATAN KARYAWAN YANG MENGAKIBATKAN KERUGIAN KONSUMEN (Analisis Putusan BPSK Kota Medan No.119/Arbitrase/BPSK-MDN/2014 Hani Riadho Nasution; Hasim Purba; Dedi Harianto; Mahmul Siregar
USU LAW JOURNAL Vol 6, No 5 (2018)
Publisher : Universitas Sumatera Utara

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Abstract

ABSTRACT   Responsibility is related to violation against a regulation and an obligation which has to be carried out based on an agreement and a legal provision. A business person can specify certain requirements without consumers’ consent. In consequence, consumers do not have any authority or right to realize the agreement in legal correlation. The research used descriptive analytical method with juridical normative approach. The data were gathered by conducting library research and collecting references dealing with the research object which includes secondary data obtained and gathered from the library research. The gathered data were analyzed qualitatively. The responsibility of a business person for his employee’s error in the case in BPSK of Medan is not fully his responsibility because consumers are protected by Law No 8/1999 on Consumer Protection. In the case of an automobile, Honda CRV, sold and used without any defect, the business person is not responsible anymore. The Ruling of BPSK Medan which accepts the claim from consumers is considered unjust by the business person because the content of the legal consideration does not analyze the error of the employee who has committed criminal act in forgery and the data of the consumer, but the objection of the business person by presenting evidence and witnesses is not considered.   Keywords: Responsibility, Employee’s Action, Consumer’s Loss
AKIBAT HUKUM TERHADAP KREDITUR SEPARATIS DALAM PENGURUSAN DAN PEMBERESAN HARTA PAILIT PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 67/PUU-XI 2013 Fatimah Islamy Nasution; Budiman Ginting; Sunarmi Sunarmi; Dedi Harianto
USU LAW JOURNAL Vol 6, No 6 (2018)
Publisher : Universitas Sumatera Utara

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Abstract The decision of Constitutional Court No. 67 / PUU-XI / 2013 which has been issued granted article 95 chapter 4 specified in the Indonesia Labour law to minimum wages, causing the position of the separatist creditor in the process of fixing and ordering Boedel bankruptcy changed that the previous division of separatist creditors' Boedel bankruptcy property of having the privilege to be the first part.The rule has resulted in the Court's decision of the precedence to transfer it to the power as a preferred creditor. The situation has a legal effect on the parties involved in managing and securing assets bankruptcy.  The research that will be described in this thesis: How the position of Separatist Creditors before the decision of Constitutional Court, What is the legal effect to the separatist creditor after the decision of Constitutional Court number 67 / PUU XI / 2013, How is the application in handling and securing against the separatist creditor after the decision of Constitutional Court number 67 / PUU-XI / 2013. The research is conducted to explain and analyze the legal effect of the separatist creditor in the management and disposition of the property bankruptcy after the decision of Constitutional Court number 67 / PUU-XI / 2013. The results indicate the issuance of the decision of Supreme Court number 67 / PUU-XI / 2013, The legal consequences of the separatist Creditor after the decision of Constitutional Court in the fulfillment of its rights no longer precedence as has been done, that is the decision of Constitutional Court when a bankruptcy takes place whereas the fulfillment of its right is a separatist Creditor as the party that lends the capital.However the position of the separatist Creditor after the decision of Constitutional Court who initially came to be shifted to the workers because in the event of bankruptcy is often the most disadvantaged party to the laborer as in addition to its weak position in the bankruptcy process is also very dependent on the salary life earned from companies that bankrupt where the company is, the position of Separatist creditors who were formerly higher than the recent minimum wages.The conclusion is to get their payments receivable as wages; a worker has the right to predate a secured creditor. Keywords: bankruptcy, separatist creditors, workers' wages.
Pertanggungjawaban Pidana Mengenai Tanah yang Dikuasai Orang Lain Tanpa Hak Dalam Peraturan Perundang-Undangan Irene Putri Kartikasari Siregar; Syafruddin Kalo; Madiasa Ablisar; Dedi Harianto
USU LAW JOURNAL Vol 7, No 4 (2019)
Publisher : Universitas Sumatera Utara

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Abstract

Abstract. For Indonesia, the land has a very close relationship yam and are eternal, so that the position  of land for the Indonesian nation is a unified whole that cannot be separated from   each other. There is a banontheuse of land without permission  is entitled to attorneys,  because there are still individuals or groups who control the land without permission  are entitled to power. This led to the need to beassessed on the elements   of  the crime of possession  of land without rights. Implementation   of liability offenses charged to individuals or groups who control the land without right. This study  is  normative,  descriptive  and  analytical  explained  as well as analyzing  aphenomenon   that a criminal   offense and accountability   of the land controlled by another person without rights.There sults showed, elements of the  crime of possession  of land without the rights stipulated  in  the legislation  contained  in Article  385 of the Criminal  Code determines  the prohibition for anyone to master, sell, lease, exchange or makes debtburden (mortgaged) land that is not right as guarantee. element  "controlled  or occupied"  no element  "used" or "mortgaged"  (collateral), enough with the fulfillment  of the element controlled or occupied that it meets the criminal elements of land tenure without rights. To be governed   is also a subjective element not only individuals but must also in volveth elegal subject of a legal person or acorporation or institution under Article 385 of the Criminal Code and Article 2 inconjunction with Article 6 of the Law  51 Prpof 1960 did not set up alegal entity or acorporation as a legal subject, Though  the subject of this law is potentially  able to control the land without permission  or illegally from entitled to the land. Keywords: crime,tenure and land
Comparison of Civil Law Regarding The Implementation of Cyber Notary in Countries With Common Law and Civil Law Traditions Ikhsan Lubis; Tarsisius Murwadji; Mahmul Siregar; Detania Sukarja; Robert Robert; Dedi Harianto; Mariane Magda Ketaren
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 1: April 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v0i0.981

Abstract

In the era of modern technology as it is today and even more so in the Covid-19 pandemic, cyber notary is also mentioned as a post that needs to carry out each technical aspect of his/her authority and duties as a notary with the help of technology, especially that is related to the urgency of making a notary deed electronically. Article 16, Paragraph (1), lines C and M of the Law on Notary’s Position (Undang-Undang Jabatan Notaris-UUJN) requires a notary to embed a fingerprint as an attachment to the original deed and read out the deed/agreement in the presence of client attended by at least two (2) witnesses, and after being read, should be signed by the client, witnesses, and a notary. Meanwhile, the Law on Article 5 Paragraph (4) on Information Technology and Electronic Transaction (UU ITE) provides limitations by making exceptions to notary deed is not included in the category of electronic information or document. Therefore the problem concerning the creation of a legally binding relationship (a deed) using electronic means (e-Notary) has not yet received a solid legal basis and has not guaranteed legal certainty, especially regarding the authenticity and existence of the electronic deed. In addition, the research will also explore the practice of implementing the development of the cyber notary concept in the field of civil law in several countries, both those with the Common Law tradition and the Civil Law tradition, many of which have empowered the function and role of a notary in electronic transactions. The utilized research technique is the normative legal research technique by using the approach to legislation and analysis of legal concepts sourced from primary or secondary legal materials. The results indicate that the concept of a cyber notary in creating a deed by electronic means (e-Notary) requires arrangements that provide clear rules regarding the terms or conditions in the framework of making a notary or authentic deed conducted using the concept of a cyber notary. Thus, the notary can carry out professional duties without contradicting the laws and regulations. In addition, the development of the cyber notary concept that comes from the Common Law System tradition in practice has been widely applied and is no exception for the Indonesian state which is included in the tradition of countries that adhere to the Civil Law System as a modern legal state, of course, cannot escape developments outside the law.
Co-Authors Adji Suryapranata Aflah Ahmad Ahmad Ahmad Sirfi Fatoni Aida Nur Hasanah Alfian Alfian Alvi Syahrin Andalan Zalukhu Andini Pratiwi Siregar Andrianti , Syarifah Lisa Andrianti, Syarifah Lisa Asmadi Lubis Azam, Syaiful Azis, Fajriani Badaruddin Anwar Bahri, Nur Alim Bismar Nasution Br Hutagalu, Beatrix Nancy Monica Bridail, Bridail Budiman Ginting BUDIMAN GINTING Cesylia Anggita Fitri Chairuna, Tengku Mita Cheryl Yuswar Cut Nabilla Sarika Dickyhadino Tesa Djodie, Mohammad Effan Donny Mangiring Tua Siburian Dwi Ayu Siti Hartinah Edi Warman Edi Yunara Edi Yunara Erniyani, Erniyani Fahri, Anwar Faisal Akbar Farhan Dwinanda Hanisyahputra Fatimah Islamy Nasution Hamzah, Hajrah Hani Riadho Nasution Hasibuan, Dedean Herawani Hasim Purba HASIM PURBA Hasim Purba Hasim Purba Hasyim Purba Hasyim, Sitti Hajerah Henny Putri Raya Bernice Marpaung Hidayat, Hayekal Huller Gabe Dimpos Sinaga Hutabarat, Apdal Hutagalung, Gomgomie Andrew Ibnu Kholik Ichsan Aulia Batubara Idha Aprilyana Sembiring Iman Jauhari Indra Kurniawan Intan Nurjannah Lase Irene Putri Kartikasari Siregar Irfan Hadi Isnaeny, Nurul Jelly Leviza Jelly Leviza Joenari Anthony Marpaung Juliani Simalango, Yessica Julieta Santi Simorangkir Jusnizar Sinaga Kartika, Sahnaz Kartina Pakpahan Keizerina Devi Keizerina Devi Azwar Kemala Atika Hayati Khoirunnisa, Nabila Lamtiur Imelda P Nababan Lee, Marcella Lestari Victoria Sinaga Lingga, Nimrod Gandatua Liza Bayduri Nasution Lubis, Ikhsan Lubis, Tri Murti M Febriyandri Satria Madiasa Ablisar Madiasa Ablisar Mahmud Mulyadi MAHMUL SIREGAR Majiding, Nurul Chalisa Manik, Candoro Tua Manik, Toga Manullang, Ganesti Gebryella Maria Kaban Mariane Magda Ketaren Marlina Marlina Mhd Edwin Prananta Surbakti Mubarak, Ridho Muhammad Hamdan Muhammad Iqbal Tarigan Muhammad Yamin Mulhadi Mulhadi Mulhadi Mulhadi Mulhadi Mulhadi, Mulhadi Mustamam Mustamam Nabila Khoirunnisa Nanda Lucya Gultom Nasution, Mirza NINGRUM NATASYA SIRAIT Novanema Duha Noviyanti Wulandari Sitepu Novrilanimisy Novrilanimisy Nugroho, M. Setyo Nur Rahmi Nuraisyiah Nuraisyiah, Nuraisyiah Nurwahida Panggabean, Artha Priscilia Margareth Perangin-angin, Donsisko Pierre H. Gosal Popy Roza Posma Otto Martua Manalu Prawira Kamila Prayogo Hindrawan Purba, M Hadyan Yunhas Putra, Hadian Indrawan Putri, Zelika Annisa Rabiatul Adawiyah Rafiqi Rafiqi, Rafiqi Rafiqoh Lubis Rahman Frija Ramadani, Mutiara Rismawaty Rismawaty Ritonga, Joni Sandri Robert, Robert Rosnidar Sembiring Ruben Tambunan Rudy Haposan Siahaan Runtung Runtung Runtung Sitepu Runtung Sitepu Sahade Saidin Saidin Saidin Salsabila Batubara Saragih, Riahmawati Silfia Agustina Simanjuntak, Surya Ulies Resky Sipayung, Jekson Siti Nurahmi Nasution Sitinjak, Erizal Sitompul, Patartua H. Situmorang, Josua Pebruanto Mangihut Situmorang, Reward Sri Asmira Sri Hartati Br. Nadapdap Suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Suhaidi Sukarja, Detania Sunarmi Sunarmi Sunarmi Sunarmi Sunarmi Sunarmi Sunarmi Sunarmi Sunarmi Sunarmi, Sunarmi Syafruddin Kalo Syarifah Lisa Andrianti Syarifah Lisa Andriati T Keizerina Devi Azwar T. Keizerina Devi T. Keizerina Devi A. T. Keizerina Devi Azwar T. Keizerina Devi Azwar T. Keizerina Devi Azwar Tan Kamello Tan Kamello Tan Kamello Tan Kamelo Tan Kamelo Tarsisius Murwadji Tiffany, Tiffany Tranis Bella H Turnip, Palber Utary Maharani Barus Utary Maharani Barus Utary Maharany Utary Maharany Barus Wanda Myra Carissa Wau, Hilbertus Sumplisius M. Widya Sari Yordinand, Yordinand Yulandari, Mesy Yusrin Zaidar, Zaidar Zam Zam Jamilah Zamakhsyari bin Hasballah Thaib Zulyadi, Rizkan